Borrowing without Permission: Difference between revisions

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==General==
==General==
# Using an item that belongs to someone else without his permission is considered stealing.<ref> Rambam Gezela Vaaveda 3:15, Shulchan Aruch CM 359:5, Rama CM 308:7, Halachos of Other People's Money pg. 53. see  by Rabbi Dovid Grossman </ref> This is the case even if you have intention to return it to the exact place and in the same condition that you found it.<ref> Halachos of Other People's Money pg. 53-55</ref> There is a dispute if this is a Torah prohibition or rabbinic.<ref> see Halachos of Other People's Money pg. 53 note 128-ב </ref>  
 
# Even using the item of a non-Jew or a minor without their permission is considered stealing.<ref>Halachos of Other People's Money pg. 55</ref> see above for lengthier discussion about stealing from non-Jews or from children.
#Using an item that belongs to someone else without his permission is considered stealing.<ref>Rambam Gezela Vaaveda 3:15, Shulchan Aruch CM 359:5, Rama CM 308:7, Halachos of Other People's Money pg. 53. see  by Rabbi Dovid Grossman </ref> This is the case even if you have intention to return it to the exact place and in the same condition that you found it.<ref>Halachos of Other People's Money pg. 53-55</ref> There is a dispute if this is a Torah prohibition or rabbinic.<ref>see Halachos of Other People's Money pg. 53 note 128-ב </ref>
# According to many poskim, even if the owner subsequently consents and says he does not mind that the item was borrowed, since the borrower did not receive permission before he took the item, he is considered a thief. [[#Stealing_from_a_Family_Member_or_Close_Friend|see Stealing from a Family Member or Close Friend ]] for the Halacha if you know the person would consent. For example, if I would borrow my neighbor's rake that he left outside to rake my leaves without asking him, I would be considered a thief, even if when I inform the owner he does not mind.<ref> Halachos of Other People's Money pg. 56</ref>  
#Even using the item of a non-Jew or a minor without their permission is considered stealing. <ref>Halachos of Other People's Money pg. 55</ref> see above for lengthier discussion about stealing from non-Jews or from children.
# This prohibition applies to land as well. For example if you would stand or walk through somebody else's property bearing a No Trespassing sign, or park in a private parking spot without the owner's permission, this would be considered stealing. Even if there is no sign, but common sense dictates that the owner would object, it may not be used without permission<ref> Halachos of Other People's Money pg. 56-57 and note 134 there citing Rav Zalman Nechemya Goldberg and Rav Elyashiv, Rashbam Bava Batra 57b s.v. lkula, Pitchei Choshen ch. 7 fnt. 29. </ref>  
#According to many poskim, even if the owner subsequently consents and says he does not mind that the item was borrowed, since the borrower did not receive permission before he took the item, he is considered a thief. [[#Stealing_from_a_Family_Member_or_Close_Friend|see Stealing from a Family Member or Close Friend]] for the Halacha if you know the person would consent. For example, if I would borrow my neighbor's rake that he left outside to rake my leaves without asking him, I would be considered a thief, even if when I inform the owner he does not mind.<ref>Halachos of Other People's Money pg. 56</ref>
# Cutting across the lawn or backyard of another homeowner is considered stealing, as many would object to have someone do this because of the invasion of privacy or ruining the lawn.<ref> Pitchei Choshen 7: note 29, Halachos of Other People's Money pg. 57. see there note 137 where he writes that even if you will not cause any damage, it is still forbidden </ref> If he is certain the owner does not mind or sees that the owner has allowed the shortcut to become established on his property, then one may cut through.<ref>Halachos of Other People's Money pg. 57, Shulchan Aruch CM 377:1 </ref>
#This prohibition applies to land as well. For example if you would stand or walk through somebody else's property bearing a No Trespassing sign, or park in a private parking spot without the owner's permission, this would be considered stealing. Even if there is no sign, but common sense dictates that the owner would object, it may not be used without permission<ref>Halachos of Other People's Money pg. 56-57 and note 134 there citing Rav Zalman Nechemya Goldberg and Rav Elyashiv, Rashbam Bava Batra 57b s.v. lkula, Pitchei Choshen ch. 7 fnt. 29. </ref>
#Cutting across the lawn or backyard of another homeowner is considered stealing, as many would object to have someone do this because of the invasion of privacy or ruining the lawn.<ref>Pitchei Choshen 7: note 29, Halachos of Other People's Money pg. 57. see there note 137 where he writes that even if you will not cause any damage, it is still forbidden </ref> If he is certain the owner does not mind or sees that the owner has allowed the shortcut to become established on his property, then one may cut through.<ref>Halachos of Other People's Money pg. 57, Shulchan Aruch CM 377:1 </ref>


==Parking==
==Parking==
# If a private parking lot has a sign restricting parking to customers or the like, it is prohibited for others to park there. If it is evident that the owner needs the lot for his customers it is prohibited to park there even without the sign.<ref> Halachos of Other People's Money pg. 58</ref>  
 
# If a person parks in a spot, in a manner that the owner of the parking lot would not approve of, such as blocking the entrance or exit, it is considered an act of stealing.<ref>Halachos of Other People's Money pg. 58</ref>  
#If a private parking lot has a sign restricting parking to customers or the like, it is prohibited for others to park there. If it is evident that the owner needs the lot for his customers it is prohibited to park there even without the sign.<ref>Halachos of Other People's Money pg. 58</ref>
# It is prohibited to block a private driveway by parking or double parking in front of the driveway, but this is not considered stealing.<ref> Halachos of Other People's Money pg. 59</ref> If someone blocks your driveway, and you have tried to tell them not to park there and they continue to nevertheless, one is permitted to call the police to tow the car away.<ref>Halachos of Other People's Money pg. 59 note 142 in the name of Rav Elyashiv. regarding damaging a double-parked car, see [https://www.businesshalacha.com/en/newsletter/double-parked-damage Business Halacha Institute]</ref>
#If a person parks in a spot, in a manner that the owner of the parking lot would not approve of, such as blocking the entrance or exit, it is considered an act of stealing.<ref>Halachos of Other People's Money pg. 58</ref>
#It is prohibited to block a private driveway by parking or double parking in front of the driveway, but this is not considered stealing.<ref>Halachos of Other People's Money pg. 59</ref> If someone blocks your driveway, and you have tried to tell them not to park there and they continue to nevertheless, one is permitted to call the police to tow the car away.<ref>Halachos of Other People's Money pg. 59 note 142 in the name of Rav Elyashiv. regarding damaging a double-parked car, see [https://www.businesshalacha.com/en/newsletter/double-parked-damage Business Halacha Institute]</ref>
 
==Possible Exceptions==
==Possible Exceptions==
# It is not considered stealing to borrow an item that will surely not be damaged from use, that nobody objects when others borrow it. For example, since nobody minds when you use their hanger, sit on their chair, or wash your hands with their washing cup, it is not considered stealing to borrow it. <ref> S"A Harav Hilchot She'ela Seif 5 based on Ritva Baba Metzia 41a, Halachos of Other People's Money pg. 59. However, he writes that if the owner is around, one should still ask permission </ref>However, if a significant minority would object, even if not the majority, it may not be used without permission.<ref> S"A Harav Hilchot She'ela Seif 5, Shu"t Igrot Moshe OC 5:20:5, Halachos of Other People's Money pg. 60 </ref> Certainly, if the owner is standing there and objects to your usage, it would be stealing to use it anyway.<ref>Halachos of Other People's Money pg. 60 note 145, Maharsham 227 </ref> Additionally, if the borrower is aware of some reason that the owner might object, he may not use it without his permission.<ref> Halachos of Other People's Money pg. 60</ref>  
 
# If it is clear that the owner does not object, one may borrow the item without permission. For example, if in the past one regularly borrows a particular item, it indicates that the owner does not object, the person may use that type of item without asking permission.<ref>Halachos of Other People's Money pg. 61 </ref>
#It is not considered stealing to borrow an item that will surely not be damaged from use, that nobody objects when others borrow it. For example, since nobody minds when you use their hanger, sit on their chair, or wash your hands with their washing cup, it is not considered stealing to borrow it. <ref>S"A Harav Hilchot She'ela Seif 5 based on Ritva Baba Metzia 41a, Halachos of Other People's Money pg. 59. However, he writes that if the owner is around, one should still ask permission </ref>However, if a significant minority would object, even if not the majority, it may not be used without permission.<ref>S"A Harav Hilchot She'ela Seif 5, Shu"t Igrot Moshe OC 5:20:5, Halachos of Other People's Money pg. 60 </ref> Certainly, if the owner is standing there and objects to your usage, it would be stealing to use it anyway.<ref>Halachos of Other People's Money pg. 60 note 145, Maharsham 227 </ref> Additionally, if the borrower is aware of some reason that the owner might object, he may not use it without his permission.<ref>Halachos of Other People's Money pg. 60</ref>
#If it is clear that the owner does not object, one may borrow the item without permission. For example, if in the past one regularly borrows a particular item, it indicates that the owner does not object, the person may use that type of item without asking permission.<ref>Halachos of Other People's Money pg. 61 </ref>
 
===Mitzva===
===Mitzva===
# If an item is being borrowed to perform a mitzva, we presume that the owner does not object if it doesn't cost him anything, as people are usually pleased to have others perform a mitzva with their possessions.<ref>Halachos of Other People's Money pg. 61, Shulchan Aruch OC 14:4 </ref> <br>
 
## see [[Details_About_the_Tefillin_Boxes_and_Straps#Borrowing_Tallit_or_Tefillin|Borrowing Tallit or Tefillin]], [[Respecting_Holy_Books#Borrowing_a_Sefer_without_Permission|Borrowing a Sefer without Permission]], [[Rosh_Hashana#Borrowing_a_Shofar_without_Permission|Borrowing a Shofar without Permission]][[Building_the_Sukkah#Using_Someone_Else.27s_Sukkah_without_their_Permission|Using Someone Else's Sukkah without their Permission]] and [[Order_of_Taking_the_Four_Minim#Borrowing_without_Permission|Borrowing Four Minim without Permission]]
#If an item is being borrowed to perform a mitzva, we presume that the owner does not object if it doesn't cost him anything, as people are usually pleased to have others perform a mitzva with their possessions.<ref>Halachos of Other People's Money pg. 61, Shulchan Aruch OC 14:4 </ref> <br>
## However, there are instances where common sense dictates that the owner would not want you to borrow his item without asking for permission:
##see [[Details_About_the_Tefillin_Boxes_and_Straps#Borrowing_Tallit_or_Tefillin|Borrowing Tallit or Tefillin]], [[Respecting_Holy_Books#Borrowing_a_Sefer_without_Permission|Borrowing a Sefer without Permission]], [[Rosh_Hashana#Borrowing_a_Shofar_without_Permission|Borrowing a Shofar without Permission]][[Building_the_Sukkah#Using_Someone_Else.27s_Sukkah_without_their_Permission|Using Someone Else's Sukkah without their Permission]] and [[Order_of_Taking_the_Four_Minim#Borrowing_without_Permission|Borrowing Four Minim without Permission]]
### if the borrower knows that the owner would object because he is very meticulous or stingy or the like.<Ref>Halachos of Other People's Money pg. 62, Aruch Hashulchan 14:11 </ref>
##However, there are instances where common sense dictates that the owner would not want you to borrow his item without asking for permission:
### if the owner might need it for himself, it should not be taken without permission.<ref>Halachos of Other People's Money pg. 63</ref>
###if the borrower knows that the owner would object because he is very meticulous or stingy or the like.<ref>Halachos of Other People's Money pg. 62, Aruch Hashulchan 14:11 </ref>
### The item may not be used on a regular basis.<ref>Halachos of Other People's Money pg. 63 based on Magen Avraham OC 14:7 and Mishna Brura 14:13, Shach CM 72:8</ref>
###if the owner might need it for himself, it should not be taken without permission.<ref>Halachos of Other People's Money pg. 63</ref>
### The item should not be taken to a different place.<ref>Halachos of Other People's Money pg. 63 based on Mishna Brura 14:13</ref>
###The item may not be used on a regular basis.<ref>Halachos of Other People's Money pg. 63 based on Magen Avraham OC 14:7 and Mishna Brura 14:13, Shach CM 72:8</ref>
### The item must be put back as found.<ref> Halachos of Other People's Money pg. 63 </ref>
###The item should not be taken to a different place.<ref>Halachos of Other People's Money pg. 63 based on Mishna Brura 14:13</ref>
### If the owner is present, the borrower should ask permission.<ref>Halachos of Other People's Money pg. 64 based on Mishna Brura 14:13</ref>
###The item must be put back as found.<ref>Halachos of Other People's Money pg. 63 </ref>
###If the owner is present, the borrower should ask permission.<ref>Halachos of Other People's Money pg. 64 based on Mishna Brura 14:13</ref>
 
==Links==
==Links==
* [https://www.ou.org/torah/halacha/business-ethics/choshen_mishpat_-_business_ethics_borrowing_without_permission/ Borrowing without Permission] by Rabbi David Grossman
 
* [http://nleresources.com/wp-content/uploads/2013/03/Shoel-Teachers-to-web-April-28-2013.pdf NLE Resources: Shoel ]
*[https://www.ou.org/torah/halacha/business-ethics/choshen_mishpat_-_business_ethics_borrowing_without_permission/ Borrowing without Permission] by Rabbi David Grossman
*[http://nleresources.com/wp-content/uploads/2013/03/Shoel-Teachers-to-web-April-28-2013.pdf NLE Resources: Shoel]
 
==Sources==
==Sources==
<references/>
<references />
[[Category:Choshen Mishpat]]
[[Category:Choshen Mishpat]]

Revision as of 00:07, 28 June 2019

General

  1. Using an item that belongs to someone else without his permission is considered stealing.[1] This is the case even if you have intention to return it to the exact place and in the same condition that you found it.[2] There is a dispute if this is a Torah prohibition or rabbinic.[3]
  2. Even using the item of a non-Jew or a minor without their permission is considered stealing. [4] see above for lengthier discussion about stealing from non-Jews or from children.
  3. According to many poskim, even if the owner subsequently consents and says he does not mind that the item was borrowed, since the borrower did not receive permission before he took the item, he is considered a thief. see Stealing from a Family Member or Close Friend for the Halacha if you know the person would consent. For example, if I would borrow my neighbor's rake that he left outside to rake my leaves without asking him, I would be considered a thief, even if when I inform the owner he does not mind.[5]
  4. This prohibition applies to land as well. For example if you would stand or walk through somebody else's property bearing a No Trespassing sign, or park in a private parking spot without the owner's permission, this would be considered stealing. Even if there is no sign, but common sense dictates that the owner would object, it may not be used without permission[6]
  5. Cutting across the lawn or backyard of another homeowner is considered stealing, as many would object to have someone do this because of the invasion of privacy or ruining the lawn.[7] If he is certain the owner does not mind or sees that the owner has allowed the shortcut to become established on his property, then one may cut through.[8]

Parking

  1. If a private parking lot has a sign restricting parking to customers or the like, it is prohibited for others to park there. If it is evident that the owner needs the lot for his customers it is prohibited to park there even without the sign.[9]
  2. If a person parks in a spot, in a manner that the owner of the parking lot would not approve of, such as blocking the entrance or exit, it is considered an act of stealing.[10]
  3. It is prohibited to block a private driveway by parking or double parking in front of the driveway, but this is not considered stealing.[11] If someone blocks your driveway, and you have tried to tell them not to park there and they continue to nevertheless, one is permitted to call the police to tow the car away.[12]

Possible Exceptions

  1. It is not considered stealing to borrow an item that will surely not be damaged from use, that nobody objects when others borrow it. For example, since nobody minds when you use their hanger, sit on their chair, or wash your hands with their washing cup, it is not considered stealing to borrow it. [13]However, if a significant minority would object, even if not the majority, it may not be used without permission.[14] Certainly, if the owner is standing there and objects to your usage, it would be stealing to use it anyway.[15] Additionally, if the borrower is aware of some reason that the owner might object, he may not use it without his permission.[16]
  2. If it is clear that the owner does not object, one may borrow the item without permission. For example, if in the past one regularly borrows a particular item, it indicates that the owner does not object, the person may use that type of item without asking permission.[17]

Mitzva

  1. If an item is being borrowed to perform a mitzva, we presume that the owner does not object if it doesn't cost him anything, as people are usually pleased to have others perform a mitzva with their possessions.[18]
    1. see Borrowing Tallit or Tefillin, Borrowing a Sefer without Permission, Borrowing a Shofar without PermissionUsing Someone Else's Sukkah without their Permission and Borrowing Four Minim without Permission
    2. However, there are instances where common sense dictates that the owner would not want you to borrow his item without asking for permission:
      1. if the borrower knows that the owner would object because he is very meticulous or stingy or the like.[19]
      2. if the owner might need it for himself, it should not be taken without permission.[20]
      3. The item may not be used on a regular basis.[21]
      4. The item should not be taken to a different place.[22]
      5. The item must be put back as found.[23]
      6. If the owner is present, the borrower should ask permission.[24]

Links

Sources

  1. ↑ Rambam Gezela Vaaveda 3:15, Shulchan Aruch CM 359:5, Rama CM 308:7, Halachos of Other People's Money pg. 53. see by Rabbi Dovid Grossman
  2. ↑ Halachos of Other People's Money pg. 53-55
  3. ↑ see Halachos of Other People's Money pg. 53 note 128-ב
  4. ↑ Halachos of Other People's Money pg. 55
  5. ↑ Halachos of Other People's Money pg. 56
  6. ↑ Halachos of Other People's Money pg. 56-57 and note 134 there citing Rav Zalman Nechemya Goldberg and Rav Elyashiv, Rashbam Bava Batra 57b s.v. lkula, Pitchei Choshen ch. 7 fnt. 29.
  7. ↑ Pitchei Choshen 7: note 29, Halachos of Other People's Money pg. 57. see there note 137 where he writes that even if you will not cause any damage, it is still forbidden
  8. ↑ Halachos of Other People's Money pg. 57, Shulchan Aruch CM 377:1
  9. ↑ Halachos of Other People's Money pg. 58
  10. ↑ Halachos of Other People's Money pg. 58
  11. ↑ Halachos of Other People's Money pg. 59
  12. ↑ Halachos of Other People's Money pg. 59 note 142 in the name of Rav Elyashiv. regarding damaging a double-parked car, see Business Halacha Institute
  13. ↑ S"A Harav Hilchot She'ela Seif 5 based on Ritva Baba Metzia 41a, Halachos of Other People's Money pg. 59. However, he writes that if the owner is around, one should still ask permission
  14. ↑ S"A Harav Hilchot She'ela Seif 5, Shu"t Igrot Moshe OC 5:20:5, Halachos of Other People's Money pg. 60
  15. ↑ Halachos of Other People's Money pg. 60 note 145, Maharsham 227
  16. ↑ Halachos of Other People's Money pg. 60
  17. ↑ Halachos of Other People's Money pg. 61
  18. ↑ Halachos of Other People's Money pg. 61, Shulchan Aruch OC 14:4
  19. ↑ Halachos of Other People's Money pg. 62, Aruch Hashulchan 14:11
  20. ↑ Halachos of Other People's Money pg. 63
  21. ↑ Halachos of Other People's Money pg. 63 based on Magen Avraham OC 14:7 and Mishna Brura 14:13, Shach CM 72:8
  22. ↑ Halachos of Other People's Money pg. 63 based on Mishna Brura 14:13
  23. ↑ Halachos of Other People's Money pg. 63
  24. ↑ Halachos of Other People's Money pg. 64 based on Mishna Brura 14:13
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